10 TH UNITED NATIONS WORKSHOP ON SPACE LAW Contribution of Space Law and Policy to Space Governance and Space Security in the 21st Century Organized by United Nations Office for Outer Space Affairs In cooperation with United Nations Office for Disarmament Affairs Co-sponsored by United Nations Institute for Disarmament Research and Secure World Foundation FINAL PROGRAMME 5 to 8 September 2016 Vienna International Centre Conference Room 3, C-Building, 7 th floor Vienna, Austria 1
BACKGROUND AND OBJECTIVE Outer space is a fragile environment where the steps taken by one actor might have an impact on others, including users of space services on Earth. In that sense, the broader application of space operations and the increased strategic value of space has resulted in a growing need to enhance the safety of space operations, the security of the space environment and space assets, and the sustainability of outer space activities. Given the growing number of benefits derived from space science and technology applications, the conduct of space activities by States, intergovernmental and non-governmental entities as well as private sector continues to expand. In developing international and regional space cooperation States should assure that all actors conducting space activities comply with requirements of international space law. International and regional cooperation for the peaceful uses of outer space helps to bring the benefits of space technology applications to a wide circle of stake-holders, both governmental and non-governmental, and to intensify and diversify national space programmes. Policy and regulatory frameworks at the national, regional and international level are of paramount importance to provide the necessary basis for States, particularly developing countries, to meet development goals and addressing challenges to humanity and sustainable development. In this process, it is necessary to continue to strengthen the interlinkages between international space law and the conduct of space activities. The 10 th Workshop on Space Law forms part of a series of workshops under the space law capacity-building programme of the Office for Outer Space Affairs (UNOOSA). The Legal Subcommittee of the Committee on the Peaceful Uses of Outer Space, at its fifty-fifth session in 2016, noted with appreciation that the tenth United Nations Workshop on Space Law would be held at the United Nations Office at Vienna from 5 to 8 September 2016 and that the Workshop would address space law, and cover transparency and confidence-building measures in outer space activities. The United Nations General Assembly, in its resolution on international cooperation in the peaceful uses of outer space, each year (latest 70/82) reaffirms the importance of international cooperation in developing the rule of law, including the relevant norms of space law and their important role in international cooperation for the exploration and use of outer space for peaceful purposes, and of the widest possible adherence to international treaties that promote the peaceful uses of outer space in order to meet emerging new challenges, especially for developing countries. The Assembly also recognizes that all States, in particular those with major space capabilities, should contribute actively to the prevention of an arms race in outer space with a view to promoting and strengthening international cooperation in the exploration and use of outer space for peaceful purposes. The Assembly, in its resolution 70/82, further requests the Committee on the Peaceful Uses of Outer Space to continue to consider, as a matter of priority, ways and means of maintaining outer space for peaceful purposes, and agrees that the Committee should continue to consider the broader perspective of space security and associated matters that would be instrumental in ensuring the safe and responsible conduct of space activities, including ways to promote international, regional and interregional cooperation to that end. The Assembly encourages the Office for Outer Space Affairs to conduct capacity-building and outreach activities associated with space security and transparency and confidencebuilding measures in outer space activities, as appropriate, and within the context of the long- 2
term sustainability of outer space activities. Assembly resolutions on transparency and confidence-building measures in outer space activities (resolutions 68/50, 69/38, 70/53) encourage relevant entities and organizations of the United Nations system to coordinate, as appropriate, on matters related to the recommendations contained in the report of the Group of Governmental Experts on Transparency and Confidence-Building Measures in Outer Space Activities (A/68/189). This call is taken into account in meeting the objectives of the Workshop. The Workshop will provide an overview of the legal regime governing the peaceful uses of outer space, will examine and compare various aspects of the broader perspective of space security in global space governance, including on transparency and confidencebuilding measures in outer space activities, and will address space law and policy in the context of UNISPACE+50 (see box below) with the following objectives: (a) To promote understanding, acceptance and implementation of the United Nations treaties and principles on outer space; (b) To address space governance and the broader perspective of space security, including on norms of behaviour and space policy development; (c) To consider space law and policy in the context of space economy, space society, space accessibility and space diplomacy; (d) To study trends and challenges to the progressive development of space law; and (e) To assess further needs for capacity-building, assistance and outreach in space law and policy. Participation in the Workshop will be by invitation only. The working language of the Workshop will be English. The Workshop report will be issued in all official languages of the United Nations to the fifty-sixth session of the Legal Subcommittee in 2017. UNISPACE+50 The year 2018 will mark the 50th anniversary of the first United Nations Conference on the Exploration and Peaceful Uses of Outer Space - UNISPACE+50. The Committee on the Peaceful Uses of Outer Space (COPUOS) at its fifty-eighth session in June 2015 endorsed the plan of work for UNISPACE+50. UNISPACE+50 will review the contributions that the three UNISPACE conferences (UNISPACE I, held in 1968, UNISPACE II, held in 1982, and UNISPACE III, held in 1999) have made to global space governance. In line with the 2030 Agenda for Development and sustainable development goals, UNISPACE+50 aims to chart the future role of COPUOS, its subsidiary bodies and the United Nations Office of Outer Space Affairs, at a time of an evolving and more complex space agenda when more participants, both governmental and nongovernmental, are increasingly involved in ventures to explore space and carry out space activities. The activities of the Office are an integral part of the UNISPACE+50 thematic cycle and are aimed at contributing to outputs under the four pillars space economy, space society, space accessibility and space diplomacy. For additional information see: http://www.unoosa.org/oosa/en/ourwork/hlf/hlf.html. 3
PROGRAMME MONDAY, 5 SEPTEMBER 2016 09:00-10:00 Registration and access procedures at Gate 1, VIC 10:00-11:15 OPENING OF THE WORKSHOP Welcome address: Ms. Simonetta Di Pippo, Director UNOOSA Introductory remarks: Ms. Christine Stix-Hackl, Permanent Representative of Austria to the United Nations (Vienna) Keynote speech: Space law and governance Mr. Sergio Marchisio, University Sapienza of Rome Keynote Speech: Putting cooperation back into space security Mr. Paul Meyer, The Simons Foundation 11:15-12:45 ROUND TABLE DISCUSSION ON SAFETY, SECURITY AND SUSTAINABILITY OF OUTER SPACE ACTIVITIES IN THE CONTEXT OF SPACE GOVERNANCE AND SPACE SECURITY Round Table: Ms. Simonetta Di Pippo, Director UNOOSA Mr. Zhongjun Shi, Permanent Representative of the People s Republic of China to the United Nations (Vienna); and Mr. Haiwen Wu, Deputy Permanent Representative Mr. Georgy Mikhno, Deputy Permanent Representative of the Russian Federation to the United Nations (Vienna); and Ms. Olga Volynskaya, Roscosmos Mr. Kenneth Hodgkins, Department of State of the United States of America Exchange of views and open discussion Mr. Niklas Hedman, CPLA Team UNOOSA 12:45-14:00 Lunch break 4
PANEL 1: INTERNATIONAL SPACE LAW AND POLICY DEVELOPMENT Mr. Helmut Tuerk, Former Judge and Vice-President of the International Tribunal for the Law of the Sea 14:00-14:30 Introduction by the Moderator and perspectives on progressive development of public international law 14:30-15:00 Breaking the traditional orbit: alternative means of shaping law and policy in outer space Mr. Kuan-Wei Chen, McGill University 15:00-15:30 International law perspectives on small satellite activities Ms. Irmgard Marboe, University of Vienna 15:30-16:00 Perspectives on future space traffic management 16:00-16:30 Break Mr. Alexander Soucek, ESA 16:30-17:00 New space actors Mr. Christopher Johnson, SWF 17:00-17:30 Designing space policies in emerging countries: main challenges Ms. Magda Cocco/Ms. Helena Mendonça, VdA Law Firm, Lisbon 17:30-18:00 Discussion on observations and recommendations Ms. Sizhu Liu, CPLA Team UNOOSA TUESDAY, 6 SEPTEMBER 2016 PANEL 2: SAFETY OF SPACE OPERATIONS AND SECURITY OF SPACE SYSTEMS Mr. Jean-Jacques Tortora, Director ESPI 09:30-10:00 Introduction by the Moderator and perspectives on dual-use of space technology 10:00-10:30 Space assets and emerging threats Mr. Bhupendra Jasani, King s College London 5
10:30-11:00 Space security and cyber security: intersecting challenges 11:00-11:30 Break 11:30-12:00 GGE-report and TCBMs Ms. Deborah Housen-Couriel, Tel Aviv University Mr. Hellmut Lagos Koller, Current Chair of LSC and former member of GGE 12:00-12:30 Space security and governance - the role of space middle powers Ms. Natália Archinard, Federal Department of Foreign Affairs, Switzerland 12:30-13:00 Discussion on observations and recommendations Mr. Michael Newman, CPLA Team UNOOSA 13:00-14:30 Lunch break PANEL 3: TCBM IMPLEMENTATION AND THE ROLE OF INTERNATIONAL ENTITIES: INSTITUTIONAL AND REGULATORY PERSPECTIVES Mr. Jarmo Sareva, Director UNIDIR 14:30-15:00 Introduction by the Moderator and perspectives on norms of behaviour 15:00-15:30 UNOOSA 15:30-16:00 UNODA 16:00-16:30 Break Mr. Niklas Hedman, UNOOSA Mr. Valere Mantels, UNODA 16:30-17:00 ITU role, regulations and actions to prevent and resolve harmful interference to space services 17:00-17:30 HCOC Mr. Jorge Alberto Ciccorossi, Space Services Department, ITU Ms. Julia Peitl, HCoC Immediate Central Contact (Executive Secretariat) 6
17:30-18:00 Discussion on observations and recommendations Ms. Tanya Keusen, CPLA Team UNOOSA WEDNESDAY, 7 SEPTEMBER 2016 PANEL 4: INTERNATIONAL MODELS AND MECHANISMS FOR SPACE COOPERATION AND COORDINATION Mr. Kenneth Hodgkins, US State Department 09:30-10:00 Introductory remarks by the Moderator and perspectives on ICG and on models for cooperation in space exploration and innovation 10:00-10:30 The Inter-Agency Space Debris Coordination Committee: an overview 10:30-11:00 Break Mr. Holger Krag, ESA 11:00-11:30 Mechanisms for regional and interregional cooperation and coordination Ms. Romina Acevedo, Venezuela 11:30-12:00 Models for coordination and cooperation: Bilateral and multilateral agreements Ms. Setsuko Aoki, Keio University 12:00-12:30 Discussion on observations and recommendations Ms. Romana Kofler, CPLA Team UNOOSA 12:30-14:00 Lunch break PANEL 5: COOPERATION AND CAPACITY-BUILDING IN SPACE LAW AND POLICY FOR THE BENEFIT OF DEVELOPING COUNTRIES Mr. Christian Bruenner, Graz University 14:00-14:30 Introduction by the Moderator and perspectives on integrated education and training 14:30-15:00 Cooperation models and capacity-building for emerging space nations Mr. Roberto Becerra, Venezuela 7
15:00-15:30 Promotion and support for development of national space legislation in developing countries Mr. Mr. Kuan-Wei Chen, McGill University on behalf of Mr. Md. Tanveer Ahmad, McGill University 15:30-16:00 Cross-sectorial perspectives for capacity-building in space law and policy 16:00-16:30 Break Mr. Tare Brisibe, Independent Legal Consultant, Barrister & Solicitor of the Supreme Court, Nigeria 16:30-17:00 Capacity-building models - the case of UN-SPIDER Technical Advisory Missions Mr. Lorant Czaran, UNOOSA 17:00-17:30 Role of Regional Centres for Space Science and Technology Education, affiliated to the United Nations Mr. Guozhu Gao, Beihang University 17:30-18:00 Discussion on observations and recommendations Ms. Aygul Duysenhanova, CPLA Team UNOOSA THURSDAY, 8 SEPTEMBER 2016 PANEL 6: LEGAL REGIME OF OUTER SPACE AND GLOBAL SPACE GOVERNANCE: CURRENT AND FUTURE PERSPECTIVES Mr. Bernhard Schmidt-Tedd, German Aerospace Center (DLR) 09:30-10:00 Introduction by the Moderator and perspectives on the UNISPACE+50 thematic priority on the legal regime of outer space 10:00-10:30 Treaties, resolutions, principles, guidelines: the relevance of hard law and soft law in the further development of space law Ms. Tanja Masson-Zwaan, Leiden University 10:30-11:00 Effectiveness of legal regime for responsibility and liability of national space activities assessment of gaps Mr. Armel Kerrest, University of Western Brittany 8
11:00-11:30 Break 11:30-12:00 Legal perspectives of space operations and sustainability of outer space activities Ms. Olga Volynskaya, Roscosmos 12:00-12:30 Enhancing cooperation and coordination between STSC and LSC of COPUOS Ms. Teresita Alvarez, Permanent Mission of Chile, Vienna 12:30-13:00 Discussion on observations and recommendations Mr. Mark Shapira, CPLA Team UNOOSA 13:00-14:30 Lunch break CONCLUSIONS, OBSERVATIONS, RECOMMENDATIONS Chair: Ms. Simonetta Di Pippo, Director UNOOSA 14:30-15:00 Introduction by the Chair and perspectives on the road towards UNISPACE+50: Space economy, space society, space accessibility, space diplomacy 15:00-16:30 Setting conclusions, observations and recommendations of the Workshop Mr. Niklas Hedman, UNOOSA Closing remarks of the Workshop Ms. Simonetta Di Pippo, Director UNOOSA 9